All SEC articles – Page 77
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Article
Companies Aren’t Waiting for SEC to Revamp Financial Disclosures
A new survey that many companies are not waiting for the SEC to complete its anticipated review of disclosure requirements; some are already taking matters into their own hands, and they have advice for others who want to get ahead of the process. “Be aggressive,” says David Cornish, deputy comptroller ...
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Article
SEC’s Next Move on Conflict Minerals Rule Could Open a Pandora’s Box
The SEC finds itself yet again at a legal crossroads concerning its embattled Conflict Minerals Rule. One path leads to the Supreme Court; the other, a retreat from a cornerstone of the rule’s disclosure requirements. At stake is not just the Conflict Minerals Rule alone, but potentially a wide range ...
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Blog
Crawford & Company Self-Reports FCPA Investigation
Crawford & Company said yesterday in a filing with the Securities and Exchange Commission that it has launched an internal investigation into potential violations of the Foreign Corrupt Practices Act. The claims management company also said it has voluntarily self-reported the potential FCPA violations to the SEC and the Department ...
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Article
As Companies Prep for Proxy Season, No-Action Conundrums Abound
Image: Companies preparing for proxy season face a profound change in how the SEC views the exclusion of shareholder proposals. New guidance on that point is decidedly pro-shareholder and makes a confusing landscape even more so. “This was an early Christmas gift, wrapped up in a bow” for activist investors, ...
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Blog
Alexion Pharmaceuticals Discloses FCPA Probe
Alexion Pharmaceuticals said this week in a securities filing that it is being investigated by the Department of Justice concerning potential violations of the Foreign Corrupt Practices Act. As previously disclosed, Alexion received a subpoena in May in connection with an investigation by the SEC’s Enforcement Division “requesting information related ...
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Blog
SEC Mulls Audit Committee Mandates as Voluntary Disclosures Grow
As the SEC considers the potential for new disclosure requirements for audit committees, audit committees themselves are volunteering more, according to recent analysis by the Center for Audit Quality and Audit Analytics. The analysis revealed one-fourth of companies in the S&P 500 enhanced their discussion around the audit committee’s appointment ...
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Blog
Caldwell Explains New Compliance Officer Counsel
Image: During remarks at a recent conference in New York, Assistant Attorney General Leslie Caldwell offered some insight about the Justice Department’s newly established compliance counsel position and how this individual will help the Criminal Division assess compliance programs. “Unfortunately, a surprising number of companies still lack rigorous compliance programs,” ...
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Blog
SEC Files Crowdfunding Fraud Complaint
In the same month that the Securities and Exchange Commission approved Regulation Crowdfunding, permitting startups and small businesses to raise capital by offering and selling securities through crowdfunding, the agency also filed its first complaint for crowdfunding fraud. The case highlights the emerging risk posed by online fundraising for the ...
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Blog
SEC Expects Year-End Disclosures on Revenue Rule Plans
Image: SEC Chief Accountant Jim Schnurr has advised audit committees to get involved in overseeing implementation of the new revenue standard, which takes effect in 2018. Schnurr said that should include disclosures about how the standard will affect financial statements. “We expect the level of these disclosures to increase and ...
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Blog
SEC Expects Year-End Disclosures on Revenue Rule Plans
Image: SEC Chief Accountant Jim Schnurr has advised audit committees to get involved in overseeing implementation of the new revenue standard, which takes effect in 2018. Schnurr said that should include disclosures about how the standard will affect financial statements. “We expect the level of these disclosures to increase and ...
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Blog
SEC: First-of-Their-Kind Actions Take the Spotlight in 2015
The Securities and Exchange Commission continued to build a strong record of first-of-their-kind cases that spanned the spectrum of the securities industry, according to the agency’s fiscal year 2015 enforcement report. The SEC filed 807 enforcement actions, obtaining approximately $4.2 billion in disgorgement and penalties—an increase from the 755 enforcement ...
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Article
Dueling Views on SEC Enforcement
Image: A chronic dilemma for the SEC Enforcement Division is how best to focus its efforts given resource constraints. Enforcement Director Andrew Ceresney had to answer for how those decisions are made during a meeting of the Investment Advisory Committee last week. Despite calls to abolish the “broken windows” approach, ...
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Article
Hosting a Related-Party Transaction About to Get Much Harder
Image: Companies preparing year-end financial disclosures, beware: Auditors will be poring over related-party transactions to make sure those parties don’t get too wild. The new Audit Standard 18 pushed auditors to be more skeptical about transactions, so expect them to push you (and your audit committee) to be more diligent ...
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Article
Hosting a Related-Party Transaction About to Get Much Harder
Image: Companies preparing year-end financial disclosures, beware: Auditors will be poring over related-party transactions to make sure those parties don’t get too wild. The new Audit Standard 18 pushed auditors to be more skeptical about transactions, so expect them to push you (and your audit committee) to be more diligent ...
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Blog
Pro Forma Reporting Tasked in Brisk M&A Market
A robust M&A market along with pro forma financial reporting rules have made it challenging for companies to comply with reporting requirements. New guidance from EY is meant to help companies know what pro forma financial information to present in SEC filings, which SEC forms require pro forma financial information, ...
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Article
Advice Rolls In as SEC Disclosure Review Rolls On
Image: Stop us if you’ve heard this before: The SEC is attempting a comprehensive overhaul of its disclosure regime. This time, however, Chairman Mary Jo White may succeed where many of her predecessors failed. The SEC has numerous ideas to reform Regulation S-X, and no shortage of public comments on ...
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Article
SEC Reform of In-House Trials Gets Lukewarm Reception
Image: Facing lawsuits and other complaints that its administrative proceedings are stacked against defendants, the SEC is mulling changes to give the accused more ability to defend themselves. The proposals have received lukewarm reception at best. “The proposed amendments do not come close to addressing all the issues that administrative ...
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Blog
Bristol-Myers Squibb Settles FCPA Case for $14 Million
Pharmaceutical giant Bristol-Myers Squibb has reached a $14 million settlement with the SEC for violations of the Foreign Corrupt Practices Act. According to the Commission, the company’s joint venture in China made cash payments and provided other benefits to healthcare providers at state-owned and state-controlled hospitals in exchange for prescription ...
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Blog
R.T. Jones Pays SEC $75K for Failing to Adopt Cyber-Security Policies
Investment advisory firm R.T. Jones last week reached a $75,000 settlement with the Securities and Exchange Commission for failing to adopt written policies and procedures reasonably designed to protect customer records and information in violation of the "Safeguards Rule." Such failures ultimately resulted in a cyber-attack that compromised the personally ...
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Blog
Kinross Gold: Justice Department and SEC Probing West Africa Payments
Kinross Gold, a Canada-based gold mining company, said last week that it is under investigation by the Department of Justice and Securities and Exchange Commission concerning allegations of improper payments made to government officials and certain internal control deficiencies at its West Africa mining operations. More inside.